Journal of Social Sciences (Mar 2022)

Right and obligations of notaries as protocol holders in providing copies of deeds to interested parties

  • MARIANI, Cening,
  • BUDIARTHA, I. Nyoman Putu,
  • WESNA, Ni Putu Ayu Sriasih

DOI
https://doi.org/10.52326/jss.utm.2022.5(1).14
Journal volume & issue
Vol. V, no. 1
pp. 127 – 138

Abstract

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Notary protocol is part of the notary office administration which has a very important function and role so that notaries can carry out their positions properly. Notary protocol is a collection of documents constituting state archives which must be kept and maintained by a notary in accordance with statutory regulations. This research raises the formulation of the problem as follows: 1) What are the rights and obligations of the notary holder of the Protocol in providing a copy of the deed to interested parties? 2) What is the legal consequence, for the Notary holding the protocol in issuing a copy of the deed, whose minimum document is not fully signed by the parties, and/or witnesses, and/or the Notary Public? This research uses normative legal research, because there is a vacuum of norms regarding the Rights and Obligations of Notary Protocol Holders in Providing Copies of Deeds to Interested Parties. Research using this normative juridical method using the statutory approach, the Conceptual Approach and the Case Approach. Legal materials used are primary, secondary, and tertiary legal materials. An analysis of legal materials is also carried out using several analysis techniques, namely: identifying facts, collecting legal materials, analyzing legal issues, arguing, and providing prescriptions. The results of this study indicate that the Rights and Obligations of the Notary Public Protocol Holder in Providing Copies of Deed to Interested Parties, the Notary is entitled to receive honoraria for legal services rendered to interested parties, both the parties and one of the parties. The amount of honorarium for the notary holder of the protocol is not specified in the applicable regulations, this usually refers to the type of deed he makes.

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